I need to know if this is legal or not. And if it isnt legal can someone point me in the right direction to legal council.
I am an ex driver for JB Hunt Intermodal. On Feb 16, 2010 I was climbing out of my truck at a rail yard close to home while under a load. When my right foot hit the ground it inverted inward to the point that I was standing on the ball joint of my ankle. After gaining my composure after screaming and tearing up, I hobbled over, un hooked the trailer and then climbed back into my truck. I immediately notified dispatch per QC and called Lowell Safety. They told me that I couldnt drive the truck home due to the fact that we didnt know if the ankle was broken so they called a towing service. Luckily the tow truck driver was nice enough to drop me by the house on his way to the drop yard.
I went to their immediate care physician at Concentra who was a joke. I even told him that if he grabbed my ankle like that again that he was going to find my good foot burried into his brain. Since this was under Illinois Worker's Comp I had my choice of 2 Drs. My first choice was my family Dr. When he first looked at the ankle he though for sure that I had broke it in 2 possibly 3 places it was so black and blue and swollen. He ordered Xrays, put me on crutches and no weight bearing for 3 weeks.
During this 3 weeks I received paper work on FMLA.... When I got the paper work I called my DM and told him that this wasnt nor did it fall under guide lines for FMLA. THis was an injury that happened on the job. He said that the paper work needed to be filled out so I could keep my benefits. I filled them out. A week later I received paper work stating that FMLA was denied but I did qualify for 6 weeks Med Leave. Again I called my DM and he said the same thing.
The following week I received paper work for my Dr. to fill out. He wrote out that my due date to return was 8 weeks providing that there were no other problems. They put me at 6 weeks Med Leave.
The 4th week into this my Dr. decided to send me to an Orthopedic Specialist due to the fact that there was no change in my ankle and my heel was setting side ways. I called My DM and told him what was going on and he sent me the same paper work that my first Doc filled out for my Ortho to fill out.
My Ortho ordered a MRI, Boot, Crutches, ETC..... Of course all of this had to be OK'd by Work Comp. It took Work Comp 2 weeks to OK this stuff. When my Ortho filled out the paper work he put down return to work status at 3 months and also wrote beyond Grade 3 ankle sprain with possible torn ligaments and tendons.
About 5 weeks later I received paper work for leave extension. I took it to the Doc. He filled it out, and his nurse faxed it to JB while I was standing there.
My last visit with the Doc was on April 30th, 2010. Thanks to an awesome physical therapist and alot of hard work, He gave me a full release to go back to work FULL DUTY. When I called my dispatcher and told him that. He informed me that as of March 29th I was terminated for not returning from leave. After all of the documentation that they had received from the Orthopedic Specialist.
Now when I told my Doc what had happened he became furious. When I told the lady at Work Comp what happened she told me that it was illegal to do that. When I asked her to direct me to legal council she said that she wasnt at liberty to do so but off the record I did have a case.
Does anyone know what I need to do from this stand point?
Help!!!! I need to know if this is legal or not
Discussion in 'Trucker Legal Advice' started by stormchaser1967, May 22, 2010.
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kickin chicken Thanks this. -
finding a good lawyer would be a start and keep all documents pertaining to said circumstances with you copies or originals as you meet with your lawyer not sure if its a criminal case but would probably fall under a civil suit but a good workers comp lawyer wouldnt hurt at all best bet is to talk to several lawyers and see what they say
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Or get with your legal Aid which should be free or reduced in cost or they can guide you in the right direction!
Once again JB Hunt throws a driver under the bus just like most bottom feeders! Way to go JB!halfburn Thanks this. -
Workers Compensation
Board of Indiana
http://www.in.gov/wcb/ -
I would definately talk with a lawyer. You might have a law suit because of unsafe work conditions.
At minimum you are intitled to temporary disability benefits until April 30.
JB Hunt are slime balls and this goes to show what they think about their employees.
That lady in Misery needs to take a sledge to your DM's ankles.If you seen that movie.
Most truck drivers don't know this but since we travel multiple states... If you are injured on the job, you have the option to file a workers comp claim
in your state of residency
in the state the injury occurred
in the state your employer is based in
Since state laws vary greatly it is worth checking out if you are able at the time.
I hurt my back while working for West Side Transport years ago. They denied me filing a workers comp claim. I contacted the state of Iowa and they threatened them with a large fine and then they did file after the fact. Their insurance company was a joke and it took a long time to get the bills paid. Another slime ball company. -
I would suggest you contact the firm of Tony Farmer in Knoxville, Tn. While it's doubtful that he practices in Illinois, I feel confindent he could recommend someone. Someone that can be trusted.
You can find contact info on his website: http://www.tfarmerlaw.com/
Best of luck to you. -
But what you all are not understanding is, Work Comp is paying the Doctor and paid me until I was released from the Doctor. And work comp has to pay me if the Doctor decides that surgery is needed, I will know that in about 2 weeks, but this isnt my point. Is what JB Hunt did legal?
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But like others said contact a workers comp injury lawyer. You might get other compensation in the tune of 5-6 digits. You'll know if he accepts your case. They make their money off the settlement and love people like you.halfburn Thanks this.
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